Legal Question in Landlord & Tenant Law in Virginia

I live in Newport News, VA. On May 6, 2013 my cousin and his girlfriend were told to vacate my grandmother's house where they had been living rent free (the girlfriend did not have permission to live there at all). On May 7, 2013 they left out of town on a planned trip and were supposed to be back by May 23, 2013. As of today they have not returned but are planning to. Because they have been absent they have not been able to receive the 30 day papers the girlfriend was adamant about needing to receive. The situation has caused problems between my grandmother and her daughter's because my grandmother and 2 of her daughters want both my cousin and his girlfriend to leave, the oldest daughter (my cousin's grandmother) wants just the girlfriend to leave. My grandmother is 88 and suffers from dementia, she can not been on her own which is why she moved into her oldest daughter's home 2 years ago but she would like to begin visiting her own home again. She has asked me to move into the house because I can bring her over and sit with her on my days off, with my cousin and his girlfriend here she can't come over because it upsets her. Neither of them work and the oldest daughter has been keeping the fact that the girlfriend was here from my grandmother, she also tells my grandmother that her grandson has a mean temper and will be mad if he gets put out of the house. Now my grandmother is afraid that my cousin and his girlfriend will hurt her if she puts them out. What advice can anyone give me to help this situation?

Asked on 6/07/13, 8:39 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Either grandmother or the person having her POA (Power of Attorney) should file

in the local general district court an unlawful detainer action to have this cousin and his girlfriend formally evicted from grandmother's house (my opinion).

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Answered on 6/08/13, 8:25 am

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